The Act prohibiting Trade with the Indians for flesh &c
being of Great Import and Concernment this Board Conceives
it ought to be Indefinite
Thomas Tench 1
ag' Writt of Error
Wm Hopkins
According to a peremptory Rule of this Board made the
30th day of May last Came the said Thomas Tench by Edward
Wynn Esqr his Attorney and prayed the hearing of the Error
assigned in this Cause and that this Board would proceed to
a finall determination of the Premises whereupon Samuel
Watkins Attorney of the said William Hopkins being Called
before this Board to put in his Answer to the Errors aforesaid
exhibited by the said Tench made his appearance and alledged
as formerly on the said thirty day of May last that he is not
prepared to make any defence, for that the Papers relating to
this Cause could not be procured to be had here this day and
therefore saith that he is not informed by the said William
Hopkins of any matter or thing to plead or Give any answer
to the aforesaid Errors in Barr "thereof
Whereupon the said Edward Wynn Attorney of the said
Tench humbly moved this Board that they would give their
finall Judgment and determination of and upon the premises.
It is therefore Considered by this Board that for the default
of the said William Hopkins aforesaid the Judgment of the
Provincial Court heretofore Given in this Cause and the Pro-
ceedings thereon be quashed Annulled and made Void
and that the said Thomas Tench be restored to all Costs
and Damages heretofore sustained therein amounting to
fourteen thousand two hundred sixty and eight Pounds of
Tobacco Adjudged him by our Council in Assembly for his
Costs and Charges by him sustained and expended for prose-
cuting hearing and determining the said Writt of Error and
that the said Thomas Tench have execution for the same
against the said Hopkins returnable to the next Provincial
Court the first Tuesday in May next
The Act for Ascertaining what Laws are Repealed &c
delivered to Mr Wynn the Attorney General to Carry to the
House and to let them know that it is still the Opinion of this
Board that to remove all difficulties and for the better Cer-
tainty of the Laws of the province it were more proper that
all Laws heretofore made be in General Terms abolished and
none in force but what shall pass this Assembly
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